TERMS & CONDITIONS

Thank you for using the gymhappy.uk; we’re a price comparison site that is impartial and aims to make the consumer journey easier when finding their gym membership.

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website gymhappy.uk (“Our Site”).  Please read these Terms and Conditions carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site and you will be required to read and accept these Terms and Conditions when signing up for an Account.  If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately. 

Definitions 

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Account”

means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;

“Content”

means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

“User”

means a user of Our Site;

“Provider”

Means gym on our database  and website

“We/Us/Our”

Means Gym Happy UK Ltd a company registered in England under 10657873, whose registered address is Suite 130 Maddison House 226 High Street, Croydon, Greater London, England, CR09 1DF.

 

 

 

Access to Our Site is free of charge It is your responsibility to make any and all arrangements necessary in order to access Our Site

Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

 

Intellectual Property Rights

With the exception of User Content (see Clause 6), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.

Subject to sub-Clause 5.3 and you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

You may:

Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);

Download Our Site (or any part of it) for caching;

Print pages from Our Site;

Download extracts from pages on Our Site; and

Save pages from Our Site for later and/or offline viewing.

Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.

You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.  This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.

Links to Our Site

You may link to Our Site provided that:

1.  You do so in a fair and legal manner;

2.  You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

3.  You do not use any logos or trademarks displayed on Our Site without Our express written permission; and

4.  You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

You may link to any page of Our Site provided you comply with the remainder of this Clause 7.

Framing or embedding of Our Site on other websites is not permitted without Our express written permission.  Please contact Us at gymhappy.uk for further information.

You may not link to Our Site from any other site the main content of which contains material that:

1.  is sexually explicit;

2.  is obscene, deliberately offensive, hateful or otherwise inflammatory;

3.  promotes violence;

4.  promotes or assists in any form of unlawful activity;

5.  discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

6.  is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

7.  is calculated or is otherwise likely to deceive another person;

8.  is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

9.  misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);

10. implies any form of affiliation with Us where none exists;

11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or

12.  is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

Links to Other Sites

Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

Disclaimers

1. The News Content on Our Site does not constitute advice on which you should rely.  It is provided for general information purposes only.  Professional or specialist advice should always be sought before taking any physical activity or making purchases.

2. We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.  If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies.  For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

3. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.  Please note that this exception does not apply to information concerning services for sale through Our Site. 

Our Liability

The provisions of this Clause 10 apply only to the use of Our Site and not to the sale of services, which is governed separately by Our Sale of Services Terms and Conditions below.

1.To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.

2.To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.

3.If you are a commercial user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

4.We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware, however, subject to sub-Clause 9.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.

5.We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

6.Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

Viruses, Malware and Security

1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.  We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 10.5.

2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

6. By breaching the provisions of sub-Clauses 11.3 to 11.5 you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

 

Acceptable Usage Policy

You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 12.  Specifically:

.1.1  you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

.1.2  you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

.1.3   you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

.1.4  you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

.2  When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:

.2.1   is sexually explicit;

.2.2   is obscene, deliberately offensive, hateful or otherwise inflammatory;

.2.3   promotes violence;

.2.4   promotes or assists in any form of unlawful activity;

.2.5   discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;

.2.6    is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

.2.7    is calculated or is otherwise likely to deceive;

.2.8    is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;

.2.9    misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 12.2);

.2.10  implies any form of affiliation with Us where none exists;

.2.11    infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or

.2.12  is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

.3  We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 12 or any of the other provisions of these Terms and Conditions.  Specifically, We may take one or more of the following actions:

.3.1  suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;

.3.2   remove any User Content submitted by you that violates this Acceptable Usage Policy;

.3.3   ssue you with a written warning;

.3.4    take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

.3.5    take further legal action against you as appropriate;

.3.6    disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

.3.7    Any other actions which we deem reasonably appropriate (and lawful).

.4   We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

 

Sale of Service

Gym Happy provides a free service for consumers to find and compare gym memberships and other products; we introduce consumers to providers and any contract will be between you and that provider.  In assisting you with this introduction Gym Happy UK  does not make any representation expressly or implied, that the businesses and companies stated in this website are of a particular nature or standard and are suitable for your purposes and does not constitute a recommendation, referral or otherwise. Gym Happy UK will not be held responsible for and charges, losses or costs incurred or sustained arising directly or indirectly from using our website or contractual agreement with your chosen provider or both.

Memberships

By completing a mandate and payment process you are entering into a legally binding contract with your chosen provider which could have a minimum duration. Each provider has their own terms and conditions so please check the provider’s information page before proceeding.

If you currently have membership with a provider it is your responsibility to cancel that membership. Gym Happy UK limited will not be liable for any penalty charges incurred.

Eligibility

To be eligible to take up the health club offers available on this site you must be over 16

Money Back Guarantee

Any online purchases are protected by the Department and the Office of Fair Trading (OFT) Distant Selling Regulations. Customers have fourteen days "cooling off" period during which time they can change their mind and have their money refunded if they haven't used the club. If you want to cancel within 14 days email us at info@gymhappy.uk stating your name, the club, date purchased and amount paid. If you have attended or used the gym facilities (or both) during the "cooling off" period your right to cancel your membership will be forfeit and you will have to cancel directly from your chosen provider. We will refund onto the credit card or debit card you used to make the purchase. Refunds will made as soon as possible - usually within 5 working days.

Payments

Customers may need to complete an initial payment of 1or 2 month’s membership and any joining fee charges (varies from club to club) to finalise their purchase. This payment will be taken using xx payment system. Once your details have been finalised your mandate will be sent to your chosen provider you will need to complete your direct debit details when you attend your induction.

Completion and Cooling Off

Once you’re complete the payment process you will be entering into a legal contract with the provider of your choice. You membership will come into effect once you receive your confirmation email; you have to right to cancel your contract with 14 days of the “cooling off period”. Once you have used the provider’s facilities during the cooling off period you waiver you right to cancel you membership.

Refunds

If you decide to cancel your membership within the cooling off period you will be refunded within 5 working days (Monday-Friday).

For purchases made from third party sites; customers will need to contact that site directly for a refund and is subject to their terms and conditions.

Complaints

To make a complaint please call 07474805382 or contact us at Suite 130 Maddison House 226 High Street, Croydon, Greater London, England, CR09 1DF or email us at info@gymhappy.uk

Law and Jurisdiction

These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.